S.Amdt. 4313

1. Inserts new text wherever appropriate

   Inserts

   Inserted: (h) Attorneys' Fees and Incentive Awards.--

   Inserted: (1) In general.--Any award of attorneys' fees, expenses, and costs or any incentive award in connection with the Litigation shall be within the discretion of the United States District Court for the District of Columbia (referred to in this section as the "Court") and in accordance with controlling law, including paragraphs (2) and (3).

   Inserted: (2) Attorneys' fees, expenses, and costs.--

   Inserted: (A) In general.--Any motion or request for attorneys' fees, expenses, and costs incurred in the Litigation shall be supported by complete and contemporaneous daily time, expense, and cost records for all such fees, expenses, and costs.

   Inserted: (B) Pre-settlement.--Notwithstanding any other provision of law, any award of attorneys' fees, expenses, and costs incurred in the Litigation on or before December 7, 2009, shall not exceed $50,000,000 above amounts previously paid by the defendants in the Litigation.

   Inserted: (3) Incentive awards.--Notwithstanding any other provision of law, any incentive awards to class representatives in connection with the Litigation--

   Inserted: (A) shall not exceed, in the aggregate, $15,000,000; and

   Inserted: (B) shall be limited to reimbursement of documented expenses and costs that--

   Inserted: (i)(I) were paid by the class representative with the funds of that class representative; or

   Inserted: (II) were paid by the class representative with borrowed funds that the class representative has a binding legal obligation to repay; and

   Inserted: (ii) have not otherwise been paid or reimbursed by the United States, Class Counsel, or any other person or entity other than the class representative petitioning for the award.

   Inserted: (i) Selection of 1 or More Qualifying Banks.--The Court, in exercising the discretion of the Court to approve the selection of any proposed Qualifying Bank under paragraph A.1. of the Settlement, shall consider, in addition to the requirements of paragraph A.29. of the Settlement and any other requirements or factors that the Court determines to be relevant, whether the bank--

   Show 18 more inserted paragraphsShow less

   Inserted: (1) employs officers and staff with experience in administering and collateralizing large deposits of settlement funds;

   Inserted: (2) has a demonstrated record of compliance with all applicable banking laws (including regulations); and

   Inserted: (3) offers competitive rates of interest on deposits and competitive fees or charges for any services that the bank will perform under the Settlement.

   Inserted: (j) Trust Land Consolidation Fund.--

   Inserted: (1) Consultation.--In implementing paragraph F. of the Settlement, the Secretary shall consult with federally recognized Indian tribes with respect to--

   Inserted: (A) prioritizing and selecting tracts of land for consolidation of fractionated interests; and

   Inserted: (B) otherwise implementing the Settlement with regard to consolidation of fractionated interests under the Settlement.

   Inserted: (2) Contracting and compacting.--Notwithstanding any provision of the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.), the activities in implementing paragraph F. of the Settlement shall be subject to contracting and compacting under titles I and IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

   Inserted: (k) Trust Administration Class Adjustments.--

   Inserted: (1) In general.--In addition to any amounts deducted from the Accounting/Trust Administration Fund under paragraph E.4.b.2. of the settlement, the Court shall require the Claims Administrator (as defined in paragraph A.5. of the Settlement) to set aside, from the funds paid into the Accounting/Trust Administration Fund (as defined in paragraph A.1 of the Settlement) pursuant to paragraph E.2.a. of the Settlement, $50,000,000 for making equitable adjustments to the payments to members of the Trust Administration Class pursuant to this subsection.

   Inserted: (2) Purpose of adjustments.--The purpose of the adjustments under this subsection is to provide additional compensation to any member of the Trust Administration Class who demonstrates that the pro rata formula calculated under paragraph E.4.b.(3) of the Settlement does not provide fair compensation.

   Inserted: (3) Procedures.--Except as provided in paragraph (5), the procedures, sufficiency of proof, and other requirements for members of the Trust Administration Class to receive adjustments under this subsection shall be established by, and be within the discretion of, the Court.

   Inserted: (4) Amount of adjustments.--Whether an adjustment authorized under this subsection should be made and the amount of any such adjustment shall be within the discretion of the Court and not subject to appeal.

   Inserted: (5) Timing of adjustments.--Any adjustment payments authorized under this subsection shall be distributed after payments have been made to class members under paragraphs E.3. and 4. of the Settlement.

   Inserted: (6) Remaining funds.--Any funds remaining in the amount set aside under paragraph (1) after completing the payments of equitable adjustments under this subsection shall be distributed to all members of the Trust Administration Class in accordance with the pro rata percentages calculated for the members of that class under paragraph E.4.b.(3) of the Settlement.

   Inserted: (7) Special master.--

   Inserted: (A) In general.--At the discretion of the Court, the determination of the amount of equitable adjustments under this subsection may be made by the special master appointed under the Settlement.

   Inserted: (B) Review and approval.--Any adjustments made by the special master under subparagraph (A) shall be subject to the review of the Court.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, add the following:

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As printed